Brotherhood of Locomotive Engineers

John J. Fleps
Vice President-Labor Relations
Burlington Northern Santa Fe Railway
P.O. Box 961030
Fort Worth, TX 76161-0030

 Dear Mr. Fleps:                  

This is in reference to a recent incident in Willmar, Minnesota where an employee working in a craft other than locomotive engineer was instructed to perform the duties of an engineer by operating a locomotive using the conventional control stand on the locomotive. From what we have been advised, although assignment WLM 3213 began its shift at 11:30 PM on December 11, 2003 using remote control operations, the remote control device failed at approximately 3:00 am. Rather than call one of engineers available to perform these duties, local management made the decision to instruct an employee on duty in the switchman’s craft to convert the locomotive to conventional operation and finish the shift in that fashion.  

I should not have to remind you of the commitments that were given to BLE that incidents such as this one would not happen. Unfortunately, it has become more and more obvious that the commitments given to us by you and your staff arc all but being ignored by the operating officers in the field, The is the second incident in just the past few weeks wherein an employee working in ground service operated a locomotive using conventional controls on the property represented by the Committee. In the last case, although the ground crew member took it upon himself to convert the locomotive to manual, it took a phone call from this office for local management in Sioux City to do anything but look the other way. Our Local Chairman was actually accosted by the UTU membership in Sioux City for registering the complaint, as local management laid the need to act on the matter on his shoulders in full.  

I have tried on multiple occasions to find a way to express to you and your staff just how seriously we view violations such as the one in this complaint. The right to have positions that perform engineer’s duties filled by an engineer who has been called from the engineer ranks is one that we do not intend to surrender. This position holds whether employees assigned in ground crafts happen to hold seniority as engineers or not. Again, all engineer vacancies and positions that operate locomotives in conventional fashion are to be filled from the engineer ranks, not the ranks of any other craft. The Carrier made assurances all through the Vernon Arbitration that this would be the case and I fully expect that you will live up to these assurances.

 While you and your staff have indicated that you agree with our position, I am not convinced that our position is even known by the all officers of the operating department. The two complaints noted above are not the first infractions of this nature that have been brought to you or your staff’s attention by this Office. In addition, the other BLE General Chairmen on this property have registered similar complaints, with you assuring us in each incident that it would not happen again. In those cases we relied on your verbal commitments that these acts would cease. It is apparent that we can no longer rely on those assurances.  

For these reasons and due to the continual violation of which we complain, I have asked BLE International President Hahs for his authority to poll the Local Chairmen of this Committee to authorize withdrawing from the service of the Carrier. President Hahs has granted this request, and as of today’s date, the voting members of this General Committee of Adjustment have voted in the affirmative to authorize such a withdrawal. Absent some immediate resolution of this dispute that comports with the agreement between the parties, I have no choice but to request the concurrence of President Hahs and set a date for a withdrawal from service.  

Rest assured that even if the instant dispute is resolved, we will act as firmly and swiftly as the Act allows if these violations continue. There will be no delay to poll the Committee in the future, rather we will immediately seek President Hahs’ authority to withdraw from service.  

It is unfortunate that we have to take steps as dramatic as these as I have just been advised that the BLE membership on this property has opted to enter into profit sharing with the Carrier. For each progressive step that we take forward in our efforts, we seem to take two steps backwards. I will await your immediate written reply advising of the steps that will be taken by the senior management team to insure that engineer’s duties are not assigned to other crafts.  

Sincerely,  

/s/ Dennis R. Pierce
General Chairman  

cc: Milton Siegele
     Matt Rose
     Carl Ice
     Dave Dealy
     Don Hahs, International President, BLE
     Harold Ross, General Counsel, BLE
     Steve Speagle, Vice President Assigned, BLE
     BLE General Chairmen, BNSF Properties
     BLE Local Chairmen, BN Northlines